The government-wide Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635, and the HHS supplemental regulations, 5 CFR Part 5501, apply to only full-time equivalent (FTE) staff at the NIH. The policies that follow are meant to define expected conduct of a specific group of individuals at the NIH, non-FTE trainees, to whom the HHS-specific and government-wide ethics regulations do not apply. However, the NIH expects non-FTE trainees to use the principles behind these regulations as a guide with respect to their conduct.

Definition

Non-FTE Trainee: is not a full-time equivalent (FTE) employee of the federal government. They are supported by stipends through the Intramural Research Trainee Award (IRTA), Cancer Research Training Award (CRTA) program, as a Visiting Fellow (VF), or have their funding provided by outside sources through research awards or other monies other than NIH funds. Other than health insurance, non-FTE trainees do not receive the benefits accorded to FTEs, or accrue annual or sick leave.

Type of Non-FTE Trainees

Predoctoral IRTA, CRTA or VF students holding a MS or enrolled in PhD, MD, DDS and DVM programs

Special Volunteer trainees with external support

Postbaccalaureate program

Graduates of US colleges or universities who plan to apply for graduate or medical school

Students who have been accepted in graduate or medical school programs who have approval for delayed entrance of one year

Technical IRTA: individuals who have graduated from a US college or university with bachelor’s or master’s degrees, and are interested in advanced training for technical positions

Postdoctoral fellows

IRTA or CRTA (US citizens and permanent residents)

Visiting Fellow (Foreign nationals)

Special Volunteer trainees with external support

Summary Guidance

The lists below and the attached table illustrate a variety of activities in which NIH non-FTE trainees are often engaged, to identify those which are appropriate and those which are not permitted. These guidelines are designed to initiate conversations between the non-FTE trainee and his/her supervisor before the activity is initiated.

Official Duties Appropriate for Non-FTE Trainees

Writing

Papers for journal submission in collaboration with their scientific advisor describing current scientific work

NOTE: Awards and/or in-kind sponsored travel benefits where the funding is supported by federal government resources cannot be accepted by non-FTE trainees. Recipients of all cash awards may be subject to IRS regulations.

Important Information on Gifts

The federal government has very strict rules on giving gifts to your supervisors (5 CFR 2635.301-304). In your status as a non-FTE trainee, these generally do not apply to you. However, the rules DO apply to your supervisor or other NIH officials, who may be prohibited, by law, from accepting a gift from a subordinate, except in limited circumstances. Please consult with an ethics official before offering a gift to your superior.